Municipal Code, Complete - City of Santa Barbara

8. The provisions of this Chapter 28.87 concerning the physical change, abandonment, structural alteration,
removal, discontinuance, reconstruction, repairing or rebuilding of nonconforming buildings, structures and uses shall
not apply to public utility buildings, structures and uses. Nothing in this part shall be construed or applied so as to
prevent the expansion, modernization or replacement of public utility buildings, structures, equipment and facilities
where there is no change of use or increase in area of the property so used.
9. An existing educational institution may use, for all educational purposes, buildings existing on the date
that this subsection is adopted. (Ord. 5459, 2008; Ord. 5444, 2008; Ord. 5416, 2007; Ord. 5412, 2007; Ord. 5380,
2005; Ord. 5072, 1998; Ord. 4896, 1994; Ord. 4582, 1989; Ord. 4181, 1982; Ord. 3710, 1976; Ord. 3679, 1974; Ord.
2628, 1957; Ord. 2585, 1957.)
28.87.036 Nonconforming Uses Resulting from Amendments.
The provisions of this chapter shall apply to uses which become nonconforming by reason of any amendment to
this title, as of the effective date of such amendment. (Ord. 3710, 1974; Ord. 2585, 1957.)
28.87.038 Reconstruction of Damaged Nonconforming Structures.
A. Nonresidential Structures. A nonconforming building or structure used for nonresidential purposes, which is
damaged or partially destroyed by fire, flood, wind, earthquake or other calamity or act of God or the public enemy to
the extent of not more than seventy-five percent (75%) of its market value immediately prior to the damage, as
determined by the Community Development Director or designee, may be restored and the occupancy or use of such
building, structure or part thereof which existed at the time of such partial destruction may be continued or resumed,
provided that reconstruction, restoration or rebuilding shall commence within a period of one (1) year of the
occurrence of the damage or destruction. The applicant shall demonstrate due diligence to complete the proposed
reconstruction as determined by the Community Development Director. In the event such damage or destruction
exceeds seventy-five percent (75%) of the market value of such nonconforming building or structure immediately
prior to the damage, as determined by the Community Development Director or designee, no repairs or reconstruction
shall be made unless every portion of such building is made to conform to all the regulations for new buildings in the
zone in which it is located. The Community Development Director or designee may require the applicant to have the
property appraised by a licensed real estate appraiser in order to determine the market value of such nonconforming
building or structure immediately prior to the damage.
B. Residential Structures. Any nonconforming building or structure used for residential purposes, which is
damaged or destroyed by fire, flood, wind, earthquake or other calamity or act of God or the public enemy may be
restored or rebuilt and the occupancy and use may be continued or resumed provided the following conditions are
met:
1. The net square footage of the replacement building or structure shall not exceed the net square footage of
the building or structure that was legally permitted prior to the damage or destruction;
2. The number of dwelling units shall be not greater than the number existing prior to the damage or
destruction;
3. In R-3, R-4, R-O, C-1, C-2, and C-M zones, the number of bedrooms per dwelling unit shall not be
greater than the number existing prior to the damage or destruction;
4. The building setbacks shall not be less than those which existed prior to the damage or destruction;
5. The number of parking spaces shall be no less than the number of parking spaces in existence prior to the
damage or destruction;
6. The building, plot and landscaping plans shall be reviewed and approved by the Architectural Board of
Review, or the Historic Landmarks Commission if the property is located within El Pueblo Viejo Landmark District
or another landmark district or if the structure is a designated City Landmark, or the City Council on appeal, if such
review would normally be required, except as allowed in this Section;
7. Any such reconstruction, restoration or rebuilding shall conform to all applicable adopted Uniform
Codes in effect at the time of reconstruction, unless otherwise excused from compliance as a historic structure,
pursuant to the Uniform Code for Building Conservation;
8. All permits required under the California Building Code as adopted and amended by the City shall be
obtained. The Community Development Director or designee shall review and determine prior to issuance of said
permits that the plans conform to the above;
9. Plans existing in the City’s archives shall be used to determine the size, location, use, and configuration
of nonconforming buildings and structures. Notwithstanding anything to the contrary above, if a property owner
proposes to rebuild the building or structure in accordance with the City’s archive plans, a building permit shall be the
only required permit or approval. However, any exterior alterations shall be subject to design review, if such review
would normally be required by the Santa Barbara Municipal Code. If plans do not exist in the City’s archives, the
City shall send a notice to all owners of property within 100 feet of the subject property, advising them of the details
of the applicant’s request to rebuild, and requesting confirmation of the size, location, use, and configuration of the
nonconforming building that is proposed to be rebuilt. The public comment period shall be not less than 10 calendar
days as calculated from the date that the notice was mailed.
539 rev. 12/31/09